Ad
related to: quantum of damages pdf complete download
Search results
Results From The WOW.Com Content Network
Harbutt's "Plasticine" Ltd v Wayne Tank and Pump Co Ltd [1970] is an English contract law case involving the quantum of damages and the concept of fundamental breach. [1] It was heard in the Court of Appeal by Lord Denning MR, Widgery LJ and Cross LJ.
Other than pecuniary damages, which is the most common type of damages recovered, there are a few other recognizable types of damages under English law, and still others that have their validity subject to ongoing debate: Injured feelings and disappointment; Injured reputation; Speculative damages; Liquidated damages and penalty; Quantum meruit [4]
Quantum meruit is the measure of damages where an express contract is mutually modified by the implied agreement of the parties, or not completed. While there is often confusion between the concept of quantum meruit and that of "unjust enrichment" of one party at the expense of another, the two concepts are distinct.
The Modern Interpretation of the Diyat Formula for the Quantum of Damages: The Case of Homicide and Personal Injuries, S.Z. Ismail, Arab Law Quarterly, Volume 26, Issue 3, pp. 361–379 When Blood Has Spilled: Gender, Honor, and Compensation in Iranian Criminal Sanctioning , Arzoo Osanloo (2012), Political and Legal Anthropology Review, 35(2 ...
Damages in tort are awarded generally to place the claimant in the position in which he would have been had the tort not taken place. [16] Damages for breach of contract are generally awarded to place the claimant in the position in which he would have been had the contract not been breached. This can often result in a different measure of damages.
Expectation damages are damages recoverable from a breach of contract by the non-breaching party. An award of expectation damages protects the injured party's interest in realising the value of the expectancy that was created by the promise of the other party.
This is because the law of quasi-contract only generate personal money awards: either a liquidated debt (as in actions for money had and received or money paid) or a sum assessed by a civil jury or the court itself (as in quantum meruit or quantum valebat). Scholars seeking to expand the explanatory power of unjust enrichment have argued that ...
Bocardo SA v Star Energy UK Onshore Ltd [2010] UKSC 35 is a UK enterprise law case, concerning oil and gas. It held a landowner also owned the strata and minerals, unless they conveyed it, in common law or statute, to someone else, so an oil company making wells 800 to 2,900 feet (240 to 880 m) below the surface was trespass, and had to pay compulsory purchase compensation under the Mines ...